Section 2054 - Exceptions to Videoconference Presumption for Proceedings(a) Board staff shall schedule an inmate for an in-person proceeding if the board determines that an in-person proceeding is necessary for the hearing officers to establish effective communication with the inmate.(b) When determining whether an in-person proceeding is necessary pursuant to subsection (a), board staff shall consider information available 180 days prior to the date of the hearing including, but not limited to, the following:(1) The inmate has been identified by the department as part of the department's Developmental Disability Program;(2) The inmate has been identified by the department as part of the department's Disability Placement Program, and the department has determined and documented at least one of the following:(A) The inmate has a hearing impairment that affects the department's housing of the individual, such as deafness or severe hearing impairment;(B) The inmate's primary method of communication is sign language;(C) The inmate has a speech impairment that affects the department's housing of the individual, such as aphasia or severe speech impediment; or(D) The inmate has been identified by the department as having a learning disability and the disability affects the inmate's ability to effectively communicate through videoconference technology, such as auditory processing disorder; and(3) The inmate has been documented by the department as having a medical condition that significantly impacts their ability to understand or communicate with others.(c) If board staff scheduled a proceeding by videoconference and subsequently receives information demonstrating that an in-person proceeding is necessary for the hearing officers to establish effective communication with the inmate, board staff shall reschedule the proceeding to be conducted in person. An inmate's attorney shall inform the board as soon as possible of any information that may demonstrate an in-person proceeding is necessary for the hearing officers to establish effective communication with the inmate.(d) If an inmate appears by videoconference and the presiding hearing officer determines that an in-person proceeding is necessary to establish effective communication with the inmate, the presiding hearing officer shall postpone the proceeding and order that an in-person proceeding be scheduled on the earliest practicable date.(e) This section does not apply to medical parole hearings or hearings for offenders with a mental health disorder.Cal. Code Regs. Tit. 15, § 2054
1. New section filed 9-27-2021 as an emergency; operative 9-27-2021 (Register 2021, No. 40). A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-28-2022 as an emergency, including amendment of subsections (b) and (b)(2)(D), repealer of subsections (b)(3)-(4), subsection renumbering, amendment of subsections (d)-(e) and amendment of NOTE; operative 3-28-2022 (Register 2022, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-27-2022 or emergency language will be repealed by operation of law on the following day.
3. New section and subsequent amendments refiled 6-27-2022 as an emergency; operative 6-27-2022 (Register 2022, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-26-2022 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-27-2022 order transmitted to OAL 9-26-2022 and filed 11-7-2022 (Register 2022, No. 45). Note: Authority cited: Section 12838.4, Government Code; and Sections 3052 and 5076.2, Penal Code. Reference: Sections 3041.6, 3042, 3043 and 3550, Penal Code; Clark v. California (N.D. Cal. 2010) 739 F.Supp.2d 1168; Coleman v. Schwarzenegger (E.D. Cal. 2009) 922 F.Supp.2d 882; and Armstrong v. Wilson (9th Cir. 1997) 124 F.3d 1019.
1. New section filed 9-27-2021 as an emergency; operative 9/27/2021 (Register 2021, No. 40). A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-28-2022 as an emergency, including amendment of subsections (b) and (b)(2)(D), repealer of subsections (b)(3)-(4), subsection renumbering, amendment of subsections (d)-(e) and amendment of Note; operative 3/28/2022 (Register 2022, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-27-2022 or emergency language will be repealed by operation of law on the following day.
3. New section and subsequent amendments refiled 6-27-2022 as an emergency; operative 6/27/2022 (Register 2022, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-26-2022 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-27-2022 order transmitted to OAL 9-26-2022 and filed 11/7/2022 (Register 2022, No. 45).